Whether you’ve been injured in an auto accident or suffered serious injuries due to someone else’s negligence, you need a personal injury attorney. These attorneys know how to collect evidence, prepare a case, file paperwork, and win.
They also understand the nuances of the law and are capable of negotiating with insurance companies. They can review your policy and subrogation rights, conduct a comprehensive investigation, and help you prepare for trial.
Gathering Evidence
Gathering evidence is a vital part of any personal injury case. It can help your attorney prove that the other party was responsible for your injuries and obtaining monetary compensation for those damages.
There are many different kinds of evidence that your lawyer can collect. A few of the most common include medical records, police accident reports and photos from the scene of the accident.
Your personal injury attorney can also use eyewitness testimony and other pieces of evidence that help strengthen your case. This could include statements from the victim and witnesses who were present at the scene of the accident.
It’s important to note that physical evidence must be documented and preserved as soon as possible after an accident. This means taking plenty of photographs and making sure that they are stored securely.
Gathering Witnesses
Gathering witness statements is a vital part of any personal injury attorney’s case. These statements are important because they provide an outsider’s perspective of what happened at the scene of a crash, which can help to tip the scales in your favor.
The key is to get these statements as soon as possible after the accident, while the witnesses are fresh in their memories. The longer it takes, the more likely they will forget or obscure details of what actually happened.
If the witness is willing to talk, write down what they say and ask them to sign it. Make sure you get their name, address and phone number as well.
If they refuse to give you their statement, or you can’t find them in your area, it’s best to issue a subpoena for them to testify. However, this can be a time-consuming process. If the witness is not willing to help your case, a skilled personal injury attorney can still build a strong case without their testimony.
Performing a Liability Analysis
A personal injury attorney will often perform a liability analysis to determine the potential damages in your case. This analysis can involve extensive research into legal precedents, case law, and applicable statutes.
The liability analysis will also help your personal injury lawyer determine the value of any underlying injuries you sustained. This includes both economic damages, such as medical bills, and non-economic damages, such as pain and suffering.
Once your attorney has a good idea of what to expect in terms of the potential amount of your damages, they can then begin negotiations with the insurance company. They will usually submit a packet of documents, such as medical bills, reports, income loss documentation, and a liability analysis with their settlement demand.
The damages your attorney can recover will depend on the severity and extent of your injuries, any restrictions you may have, the actions of the at-fault party, and many other factors. Your attorney will also consider the impact that your injury has had on your life, your future prospects, and many other factors.
Negotiating a Settlement
Once your case has been thoroughly investigated, it’s time to begin negotiating your injury claim. This process can be difficult and frustrating, but it can also yield a good settlement if you have the right lawyer on your side.
A personal injury attorney has the expertise to put together a comprehensive package that presents proof of your claim. They’ll use medical bills and receipts, wage statements, and other evidence to prove that your injuries caused you financial losses.
Your lawyer will calculate “special damages” and “general damages,” which are hard economic costs like medical bills and lost wages, along with noneconomic damages, such as pain and suffering.
Your attorney will also analyze the insurance policy limits to ensure you receive the maximum compensation possible under your policy. Many states have comparative negligence laws that allow you to recover damages even if you were partly at fault for your accident and injuries.
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